RAINBOW CHILDREN'S MEDICARE PRIVATE LIMITED,HYDERABAD vs. DY. COMMISSIONER OF INCOME TAX, CIRCLE-3(1), HYDERABAD

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ITA 698/HYD/2019Status: DisposedITAT Hyderabad17 September 2020AY 2014-152 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal noted that the AO passed an order under Section 143(3) read with Section 263 without making any adjustments. Therefore, the assessee's appeal against the Section 263 order was rendered infructuous.

What were the facts?

The assessee filed an appeal against an order passed under Section 263 of the Income Tax Act. The Assessing Officer (AO) had passed an order under Section 143(3) read with Section 263 without making any adjustments.

What were the issues?

Whether an appeal against an order passed under Section 263 becomes infructuous when the consequential order under Section 143(3) makes no adjustments.

Which sections of the Income-tax Act were involved?

Section 263,Section 143(3)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, HYDERABAD ‘A’ BENCH : Hyderabad

Before: Smt. P. Madhavi Devi & Shri A. Mohan Alankamony

Hearing: 14/09/2020Pronounced: 17/09/2020

O R D E R Per Smt. P. Madhavi Devi, J.M. This is assessee’s appeal for the AY 2014-15 against the order of Ld.CIT-3, Hyderabad passed u/s 263 of the I.T. Act, 1961 dated 22.02.2019. This appeal has been taken through video conferencing on 14.09.2020 and both the parties were heard.

2.

At the time of hearing, ld. Counsel for the assessee submitted that the order u/s 143(3) r.w.s. 263 of the I.T. Act, 1961 has been passed by the A.O. wherein no adjustments have been made by the AO and, therefore, the appeal of the assessee u/s 263 has become infructuous. The ld.Counsel for the assessee has also forwarded an e-mail dated 12th September, 2020

Rainbow Children’s Medicare Private Limited, Hyd. to this effect. Taking the same into consideration, assessee’s appeal is dismissed as ‘infructuous’.

3.

In the result, assessee’s appeal is dismissed as ‘infructuous’. Order pronounced on 17th September, 2020.

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